Access to Student Records Pursuant to the                   UPPS No. 01.04.31

Family Educational Rights and Privacy Act                   Issue No. 7

of 1974                                                                                   Effective Date: 03/31/2011

                                                                                                Review: April 1 E3Y

                                                                                                Attachments I, II, III

 

 

01.       POLICY STATEMENT

 

01.01  This UPPS sets forth university policy regarding access to student education records as required by the Family Educational Rights and Privacy Act of 1974 (FERPA) (20 U.S.C.A. Section 1232g).

 

02.       DEFINITIONS

 

02.01  "Student education records" are records that are directly related to a student and are maintained by Texas State, or a party acting for Texas State.

 

02.02  "Student education records" do not include:

 

a.   Records that are kept in the sole possession of the person who made the record and are not revealed to others.

 

b.   Records of Texas State's University Police Department, subject to the provisions of 34 C.F.R., Section 99.8.

 

c.   Records relating to an individual who is employed by Texas State that:

 

1)   are made and maintained in the normal course of business;

2)   relate exclusively to the individual in that individual's capacity as an employee; and

3)   are not available for use for any other purpose.

 

d.   Records on Texas State students that are:

 

1)   made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity;

2)   made, maintained, or used only in connection with treatment of the student; and

3)   disclosed only to individuals providing the treatment. For the purpose of this definition, "treatment" does not include remedial educational activities or activities that are part of the program of instruction at Texas State.

 

e.   Records that only contain information about an individual after he or she is no longer a student at Texas State.

 

f.    Grades on peer-graded papers (until collected and recorded).

 

02.03  Records relating to an individual in attendance at Texas State who is employed as a result of his or her status as a student are student education records and not exempted under Section 02.02 c.

 

02.04  Attachment III contains a glossary of terms that apply to this UPPS.

 

03.       PROCEDURES FOR ANNUALLY NOTIFYING STUDENTS AND PARENTS OF THEIR FERPA RIGHTS

 

03.01  Texas State will inform students and parents of their rights under FERPA by: (1) having the information on the Registrar’s Office Web site at: http://www.registrar.txstate.edu/persistent-links/ferpa.html and in the Registration Instructions Booklets at:  http://www.registrar.txstate.edu/persistent-links/Registration-Instructions-booklets.html and; (2) the Dean of Students Office placing a notice in the student handbook.

 

03.02  The notice containing Texas State's policies is set forth in Attachment I.

 

04.       PROCEDURES FOR PARENTS INSPECTING THEIR CHILDREN'S EDUCATIONAL RECORDS

 

04.01  A parent who desires to inspect his or her child's student education records (without the child's written consent) may do so if the child is a dependent student as defined in Section 152 of the Internal Revenue Code of 1986.

 

04.02  A parent should present an affidavit as shown in Attachment II to the office that maintains the records. The office will make the records accessible as provided by FERPA.

 

05.       CHARGES FOR RECORDS

 

05.01  Texas State may make the following charges for student education records:

 

a.   The registrar may charge $5.00 for an official copy of a student's transcript.

 

b.   Identification (ID) Services may charge $10.00 for a student's photograph. However, ID Services will not charge school officials, as defined in Attachment I, for photographs.

 

06.       PROCEDURES FOR RELEASE OF PERSONALLY-IDENTIFIABLE INFORMATION

 

06.01  Texas State will not release personally identifiable information in a student education record without the student's prior written consent except under one or more of the conditions described in 34 C.F.R. Section 99.31.

 

06.02  School officials who handle student education records should respect the private nature of those records and secure them from unauthorized disclosure. Since computer records are especially vulnerable, those who maintain these records should take special security measures. Examples of confidential records include transcripts, grades, grade point averages, test scores, academic and disciplinary status, health information, personal and family financial information, and placement file recommendations and ratings.

 

06.03  Each designated information owner will maintain a record of disclosures as required by 34 C.F.R. Section 99.32 and a student or eligible parent may inspect these records.

 

07.       ASSESSMENT

 

07.01  At least every five years, the Office of Audits and Analysis will conduct a security assessment audit of those offices maintaining student education records and recommend policy and procedural changes based on the results of that audit.

 

08.       REVIEWERS OF THIS UPPS

 

08.01  Reviewers of this UPPS include the following:

 

Position                                                         Date

 

University Attorney                                      April 1 E3Y

 

Registrar                                                        April 1 E3Y

 

09.       CERTIFICATION STATEMENT

 

This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

 

University Attorney; senior reviewer of this UPPS

 

Special Assistant to the President

 

President